In Massachusetts, disputes involving the Workers’ Compensation Trust Fund (the Fund) often hinge on strict compliance with statutory procedures and limitations periods. Insurers that pay benefits on claims involving uninsured employers may later seek reimbursement from the Fund, but the process requires timely and complete documentation. A recent decision from a Massachusetts court clarifies the standards that apply to such claims and underscores the significance of administrative record-keeping in workers’ compensation litigation. If you were hurt while working, it is important to understand your rights, and you should consult a Massachusetts workers’ compensation attorney.
Case Setting and Factual History
It is reported that the plaintiff, an insurance company, issued a workers’ compensation policy to an employer in 2003. The employer was later removed from coverage due to nonpayment of premiums, rendering it uninsured. In 2005, an employee of the now-uninsured employer sustained a compensable work injury. Although the employer lacked active insurance at the time, the plaintiff insurer voluntarily paid benefits to the injured worker pursuant to G.L. c. 152, § 65(2)(e), which authorizes insurers to pay benefits where the status of coverage is uncertain or the claim is otherwise unresolved.